BEREA, Ohio -- Browns wide receiver Josh Gordon "didn't smoke marijuana and was exposed to second-hand smoke on the day of his test," a source told Northeast Ohio Media Group on Tuesday.

That's what Gordon's legal team will argue Friday during the appeal hearing on Gordon's minimum one-year ban for violating the NFL's substance-abuse policy a third time.

The source said it's clear that Gordon didn't smoke marijuana because he was tested multiple times in and around the time of his test. The source also said Gordon has tested negative 70 times since he's been in the NFL, including several times since his recent positive test sometime before May 9.

Gordon has hired high-powered attorney Maurice Suh, who helped Seattle Seahawks cornerback Richard Sherman win his appeal in 2012 for performance-enhancing drugs in 2012. Sherman won on the grounds that the specimen cup was leaky and that subsequent collection procedures were faulty.

But the NFL has heard the "second-hand smoke'' defense before -- and no player has ever won his appeal on those grounds.

"You are responsible for what is in your body,'' NFL spokesman Greg Aiello told cleveland.com in an email response. "That has always been a cornerstone of our drug-testing programs.''

The source told NEOMG that Gordon's case is different than the other players who lost their "second-hand smoke'' appeal, in that Gordon is believed to be the only one whose "B'' test was below the NFL's threshold for the banned substance in marijuana, THC.

When players in the NFL are drug-screened, two different tests are used. Gordon measured 38 nanograms per milliliter of THC on the immunoassay test, above the NFL's threshold of 20, the source said. Most other sports organizations have a 50 cutoff or higher to avoid second-hand smoke issue, the source said.

The second test involves an "A" sample and "B'' sample. If the "A'' sample is above the NFL threshold of 15 nanograms for this particular test, the "B'' sample is tested to confirm it. The source said Gordon measured 16 nanograms on the "A'' sample, just one above the NFL's threshold. He measured 13.63 nanograms on the "B'' sample, below the NFL cutoff.

According to NFL policy, the "B'' test does not have to be above 15 nanograms to confirm the first test -- it just has to contain some of the same banned substance.

But the source said the fact that one urine specimen resulted in two different numbers -- the 16 and the 13.63 -- indicates "uncertain'' test results and that those will be disputed by Gordon's legal team.

The source said the NFL is basing its minimum one-year ban on "this very inconsistent test result,'' and the legal team does not believe that the results are scientifically valid or valid under the rules.

Furthermore, the lawyers, including highly respected NFLPA attorney Heather McPhee -- will argue that the NFL stated in negotiations for the recent collective bargaining agreement that it doesn't intend to discipline anyone for exposure to second-hand smoke.

His team believes that if the NFL is going to hold true to its statement, Gordon shouldn't be sanctioned.

There is recent evidence that Gordon has been exposed to second-hand smoke. Over Memorial Day Weekend, he was stopped for speeding, and the Cuyahoga County Sheriff smelled marijuana in the car, according to the incident report. Gordon was not charged with possession, but one of his passengers was.

The source told NEOMG that in addition to Gordon testing negative about 70 times since his rookie year, he's tested positive only once for marijuana in the NFL -- in his rookie year in 2012.

Gordon also tested positive last year, but said it was for codeine contained in his prescribed cough syrup for a sore throat. That second positive drug test -- and subsequent two-game suspension and four game-check penalty -- launched Gordon into Stage III of the NFL's substance-abuse program, where he's tested up to 10 times per month and remains for the remainder of his career.

A third failed test results in the indefinite ban -- essentially getting kicked out of the league -- and the player must wait a year to apply for reinstatement. During that time, he's not allowed at the team facility for meetings or workouts.

The source stressed that all of that could happen to Gordon despite the fact "there's a great uncertainty as to whether the sample is even negative under the NFL's rules.''

The World Anti-Doping Association, which governs the Olympics, has increased its threshold from 15 nanograms to 150 nanograms in part to account for second-hand smoke.

Most players lose their appeals for drug bans, as the NFL adheres to its policy very strictly.

Gordon's appeal with an NFL-appointed arbitrator will take place all day Friday in the NFL offices in New York City. If he wins, he could rejoin the team immediately, and if he loses, he'll be banned right away.

Several other NFL players this offseason have lost their appeals on their indefinite bans. Those close to Gordon fear that if he's kicked out of the league, he'll have a hard time resuming his career, in the same way that Justin Blackmon of the Jaguars has. Blackmon, on indefinite suspension, was recently arrested for marijuana possession.

The source told NEOMG that Gordon's recent DWI in Raleigh, N.C., will have no bearing on this case. His blood-alcohol level was .09, above North Carolina's legal limit of .08.

Gordon, who also failed three marijuana tests in college, reported to Browns training camp on time Friday night and has been on the practice field each day since then. He's consistently made big plays in practice, but has sometimes appeared distracted.

Reporters have requested to speak with Gordon each day, but he has not yet been available.

Last season, he led the NFL with 1,646 yards after missing those first two games on the drug suspension. Browns owner Jimmy Haslam and coach Mike Pettine have said they won't cut Gordon and that the club will try to help him.

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